After the file is expunged, the attorney may respond to any general inquiry as

provided in Rule 24(d). (i) Breach of diversion agreement. — The determination of a breach of a diversion agreement will be as follows: (1) If Bar Counsel has reason to believe that the respondent has breached the diversion agreement, and the diversion agreement was entered prior to a decision to proceed pursuant Rule 10(b), and after the respondent has had an opportunity to respond, Bar Counsel may elect to modify the diversion agreement or terminate the diversion agreement and proceed with the matter as provided by these rules. (2) If Bar Counsel has reason to believe that the respondent has breached the diversion agreement after a determination to proceed has been made, then the matter shall be referred to the BPR with an opportunity for the respondent to respond. Bar Counsel will have the burden by a preponderance of the evidence to establish the materiality of the breach, and the respondent will have the burden by a preponderance of the evidence to establish justification for the breach. If after